United States v. Brawner’s Empirical Analysis

Citation profile

5 federal appellate · 9 district · 1 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"The very purpose of conferring the power is to secure the judicial sanction of a supervisory judge for the action of the committing magistrate in so important a matter as that of removing a citizen from one state or district to another for trial upon a criminal charge. If the warrant of removal is, to be issued mechanically, and as a more ministerial act, there is no reason why the committing magistrate should not have been required to issue it at once upon neglect or refusal to give bail. The necessary implication from the method of procedure adopted by the statutes is that the judge of the district * " * must judicially determine whether the prisoner shall be taken to another district for trial, and that he may refuse his warrant where it: appears that the removal .should not be made, or where he would admit the party to bail. Doubtless the action of the committing magistrate is prima facie sufficient as a basis for the warrant, but it is not conclusive. While the judge should not unnecessarily require another or further preliminary examination, if it appear to him necessary that the bail should be reduced, or that for any reason the prisoner should again be heard in defense, I have no doubt that it is his duty to pass fully upon the ease, and determine for himself whether he should be further held or removed.””

   1 later decision quote this exact passage
   e.g. In re Beshears

2. ““The discretion of the magistrate, in taking bail, is to be guided by the compound consideration of the ability of the prisoner to give bail and the atrocity of the offence.” United States v. Brawner (D.C., W.D.Tenn.), 7 F. 86 , 89.”

   1 later decision quote this exact passage
   e.g. United States v. Radford